QVC 12 Days of Christmas Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: QVC 12 Days of Christmas Sweepstakes (the "Sweepstakes") is open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of QVC, Inc., ePrize, LLC, Plum Group and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void in Alaska, Hawaii and where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: QVC, Inc. 1200 Wilson Dr., West Chester, PA 19380. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Timing: The Sweepstakes begins on December 1, 2008 at 12:00 a.m. Eastern Time ("ET") and ends on December 12, 2008 at 11:59 p.m. ET (the "Promotion Period"). Administrator's computer is the official time-keeping device for the Sweepstakes.
4. How to Enter: During the Promotion Period, you can enter the Sweepstakes by either of the following two (2) methods:
a. Online: Visit http://www.qvc.com/qcar and follow the links and instructions to complete and submit the registration including a valid home address, phone number and a code which you will receive at the point of registration
b. By Phone: Call 1-866-933-6261 and follow the automated instructions to enter the Sweepstakes.
Limit: Each participant may enter one (1) time during the Promotion Period. Multiple entrants are not permitted to share the same phone number. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different phone numbers, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the phone number used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned is the natural person in whose name the phone number has been issued and the services are billed. The potential winner may be required to show proof of being the authorized account holder.
5. Determination of Winners: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received during the Promotion Period on or around December 15, 2008. Each potential Grand Prize winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return to Sponsor, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. Potential First, Second and Third Prize winner shall be contacted regarding their eligibility and fulfillment information. If any potential Prize winner cannot be contacted, or in the case of a potential Grand Prize winner, fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period, or prize is returned as undeliverable, potential winner forfeits prize. Potential winners must continue to comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements. In the event that a potential winner of any prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held after which the prize will remain un-awarded. Prizes will be fulfilled approximately 8-12 weeks after the conclusion of the Promotion.
6. Prizes: TWELVE (12) GRAND PRIZES: Winner's choice of a) an all-new 2008 smart fortwo vehicle or b) $18,000. Sponsor will determine all features of automobile including but not limited to color of exterior and interior, and all other features or upgrades will be allowed only if permitted by delivery dealer and paid for by winner. Winner must be a licensed driver and will be required to provide proof of insurance at time of delivery. Winner is responsible for title, license, registration, dealer preparation costs, auto insurance and other fees associated with prize. Winner must take delivery of prize from the automobile dealership designated by Sponsor. Approximate Retail Value ("ARV"): $18,000. TWELVE (12) FIRST PRIZES: $250 QVC shopper dollars (terms and conditions may apply; expire one year from the date of issuance) ARV: $250. ONE HUNDRED TWENTY (120) SECOND PRIZES $100 QVC shopper dollars (terms and conditions apply; expire one year from the date of issuance). ARV: $100 ONE THOUSAND TWO HUNDRED (1,200) THIRD PRIZES $50 QVC shopper dollars (terms and conditions may apply; expire one year from the date of issuance). ARV $50. QVC shopper dollars may be awarded via gift cards or credit to QVC Customer accounts, at the sole discretion of QVC. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period Limit: One (1) prize per person. TOTAL ARV OF ALL PRIZES: $291,000.
7. Release: By receipt of any prize, winner(s) agree to release and hold harmless Sponsor, Plum Group, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan. Administrator has selected the venue and jurisdiction for the resolution of disputes related to this Sweepstakes and has contractually agreed to indemnify Sponsor from and against any and all claims and disputes arising out of this Sweepstakes which are related to the services provided by Administrator.
13. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than April 15, 2009. For the Winner List, send an email with subject line: "QVC 12 Days of Christmas Sweepstakes Winner List Request," to WinListRequests@eprizefulfillment.com.
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